Legal Question in Family Law in India
Dear Sir , i want to know that is there is any possibility to file a case of compensation in indian law against my sister husband & his parents who is responsible for my mother illness and at last death on 10th feb 2009 this all happens from the beginning when my mother & my sister husband mother arranged a marriage of my sister & his husband but it all froud done by her from the beginning of the marriage they threw my sister out from house after 3 months approx & we filed a case of SECT 9 for 2 years which is withdrawn by us due to my mother death & we filed an another case on 24 march 2009 in DAV ACT & IN CAW cell & which Fir is registerd under section 498 a , 406 , 34 & they filed a case in ghaziabad of divorce under sect 12 and with respective of that we filed a case of sect 24 in ghaziabad of mentanence for my sister in ghaziabad & now we are thinking to file a trf petition in Supreme court of india to trf that ghaziabad cases in delhi under sec 25 . but in all ( we want I nitin ( elder son ) of my mother to file a another case against my sister husband parents who make froud of my mother who expired due to all this mishappenings which caused the death of my mother which is not recoverable at any cost but i son wants to file a case against them for the compensation or (maan hani ) which we and our family have faced or facing is there any law to file a case against them ?
2 Answers from Attorneys
No case of defamation or compensation may be maintainable against them on account of your mother's death which is only "remotely" linked with the unfortunate incidents happened in your sister's married life.
You may rather concentrate on the matrimonial dispute of your sister; and try to reach an amicable out of court settlement as soon as possible to avoid unnecessary litigation costs and tiring court procedures.
you may first get the case transferred from gzb to delhi courts by filing a transfer petition in the SC and then you can include this grievance of yours in your complaint under DV act and claim compensation. the offence of defamation can be made out in case due to words uttered or written by the husband or his parents have directed affected the reputation of your mother in eyes of right minded people of the society. in case you can prove that, your case is made out.